Reimbursement Claims Can Tie Personal Injury Settlements in Knots

Most people who make personal injury claims think their case is over when they reach a settlement or a jury returns a verdict. That remains true in some cases. Unfortunately, other cases remain complicated even after the primary claim is resolved. That’s because injured people must sometimes contend with health insurers, providers of employee benefits,… read more

The Incredible Vanishing Court Order: Insurance Company Settlement Manipulation

I recently heard from a fellow lawyer in Tampa who had won a homeowner’s insurance case. The insurance company had denied coverage to his client, but a judge ruled that the claim was covered. The insurance company then wanted to settle the claim. That sounds straightforward enough, but there was a huge catch. In exchange… read more

Be Careful What You Wish For: Defense Industry Rule for Expert Testimony May Backfire

For years, the insurance industry complained about “junk science” in Florida’s courtrooms. According to its lobbyists, juries were reaching large verdicts because they were duped by expert witnesses using dubious science to testify for injured people. Whether that was ever true is highly debatable at best. Nonetheless, the insurance industry got what it wanted this… read more

We’ll Pay if You Keep Quiet About It: The Problem of Secret Settlements

In general, papers filed in a lawsuit are public record. Anyone who wants to look at a court file can go to a courthouse and do so. One can read through the files and see all the motions, notices, and court rulings in a case as it winds it way through the judicial system. Settlements… read more

Corporate Defendants May Have to Say They’re Sorry When They Settle

Settling a lawsuit for money damages seems pretty simple. A party who suffers a loss agrees to accept a certain amount of money, the defendant agrees to pay it, and the case is over. But alas, things are never so simple in lawsuit world. In lawsuit world, even agreements to settle cases are usually written… read more

Insurance Companies Are Bringing Big Brother to Personal Injury Cases

Personal injury cases almost always involve questions about how badly people are injured, and the cause of their injuries. One of the key types of evidence used to prove or disprove injuries are medical records. While medical records are usually private, people have to give up their medical privacy when they make an injury claim…. read more

The Cram Down: When The Money Available Isn’t Enough

Many people have an image of personal injury lawyers fighting for verdicts before juries in court. Undoubtedly, that is a critical part of what we do. But there is another less glamorous but equally important role we can play: helping with the inadequate settlement. It’s no secret that many people driving in Florida have inadequate… read more